Pennsylvania

  • May 26, 2020

    Pa. Panel Preserves Reinstated $2.4M Broken Leg Verdict

    After the Pennsylvania Supreme Court reinstated a $2.4 million jury verdict, a lower appeals court on Tuesday resolved the remaining appellate issues in the suit accusing a hospital of causing a knee surgery patient's fall and broken leg, saying the reinstated verdict should be left intact.

  • May 26, 2020

    Immigrant Doctor Says Merck Can't Nix Suit Over Revoked Job

    A doctor with a student visa argued Monday that Merck can't slip her claim that it rescinded a job offer because it had failed to look into her visa status, saying it hadn't proven the recruiter who told her she "should be OK" had quit before the conversation supposedly took place.

  • May 26, 2020

    Shkreli, Vyera Look To Duck Monopolization Claims

    Martin Shkreli and a company that the incarcerated former pharmaceutical executive founded have urged a New York federal court to toss allegations from state and federal enforcers that they monopolized the market for a drug used to treat potentially fatal parasitic infections.

  • May 26, 2020

    Coronavirus Regulations: A State-By-State Week In Review

    The COVID-19 pandemic found states monitoring scaled back Memorial Day weekend festivities that went off without a hitch in some places and resulted in crowd-limit violations in others, signaling challenges ahead as the beach season vies with continuing public health safety mandates.

  • May 26, 2020

    High Court Won't Review Nonconsensual Ch. 11 Releases

    The U.S. Supreme Court on Tuesday said it won't review a Third Circuit decision that allowed the 2015 confirmation of a troubled laboratory company's Chapter 11 plan over opposition from creditors that argued the plan unconstitutionally released key parties from damage claims without creditor consent.

  • May 26, 2020

    Medical Co. To Buy Solara, ActivStyle Suppliers For $487M

    A U.S. home medical equipment company announced plans Tuesday to purchase the country's largest independent distributor of blood sugar monitors and another medical equipment business for a total of $487 million.

  • May 26, 2020

    Georgetown Dad Pleads Guilty To Bribing Tennis Coach

    The sprawling "Varsity Blues" college admissions and testing scandal has snagged its 55th defendant, with a Pennsylvania parent pleading guilty on Tuesday to bribing Georgetown University's head tennis coach for a spot for his daughter at the elite school.

  • May 26, 2020

    High Court Won't Mull Waiver In Painter's Ch. 11 Contract Row

    The U.S. Supreme Court on Monday refused to hear arguments from a construction company over whether it gave up its right to appeal in a contract dispute when it inked an agreement to drop the entirety of its claims if a Pennsylvania bankruptcy judge ruled against it in the case.

  • May 26, 2020

    Bug Trap Maker Withdraws QVC Cross-Claims In Defect Suit

    The manufacturer of an insect trap that allegedly caused a fire that damaged a home insured by Allstate Property and Casualty Insurance Co. has withdrawn cross-claims it filed two weeks ago against fellow defendant QVC.

  • May 22, 2020

    Law360 Reveals Titans Of The Plaintiffs Bar

    They've represented consumers, companies, and government entities, taken on Goliaths in industries ranging from aerospace to health care to finance to technology to sports, and won landmark victories on behalf of clients across the country.

  • May 22, 2020

    Amerisource Hid 'Pillbillies' Email In Opioid MDL, Attys Say

    AmerisourceBergen Drug Corp. violated its discovery duties in multidistrict opioid litigation by not promptly producing key documents, including an internal email chain that joked about "pillbillies" abusing painkillers, plaintiffs attorneys told an Ohio federal judge.

  • May 22, 2020

    Law Dean Says DOJ Halting Whistleblowers Unconstitutional

    The dean of the University of California Berkeley School of Law said the federal government unconstitutionally deprived a whistleblower of his property interest in his lawsuit when it successfully petitioned a Pennsylvania federal court to toss the case against a UnitedHealth Inc. unit, according to an amicus brief filed with the Third Circuit Friday.

  • May 22, 2020

    Job Market Withdrawal Voids Workers' Comp, Pa. Panel Says

    A Pennsylvania appeals court ruled Friday that a former Koninklijke Philips NV subsidiary employee who withdrew from the workforce in part due to an on-the-job shoulder injury and in part to help care for his children was not entitled to receive workers' compensation benefits.

  • May 22, 2020

    Troutman To Cut Pay Ahead Of Pepper Hamilton Tie-Up

    Ahead of its planned merger with Pepper Hamilton LLP in July, Troutman Sanders announced Friday that it will implement compensation reductions for attorneys and staff beginning June 1 that will continue for an unspecified period of time.

  • May 22, 2020

    Philly Hospital Fights Bid To Quash Subpoena In Merger Case

    Albert Einstein Healthcare Network has told a Pennsylvania federal court that it needs documents from an area nursing home operator to show they compete against each other as it tries to fend off a merger challenge from the Federal Trade Commission and the state.

  • May 22, 2020

    Austrian Manufacturer Wants Out Of Medicare Scheme Suit

    An Austrian medical device manufacturer moved Friday to escape a neurosurgical practice's proposed class action accusing several companies of marketing an electrical nerve stimulator as reimbursable under Medicare when they were aware that it was not.

  • May 22, 2020

    Agentra Fights Bid To Enforce Unsigned Robocall Settlement

    Insurance company Agentra LLC told a Pennsylvania federal court not to enforce an unsigned settlement agreement, arguing that a proposed class of customers bothered by robocalls hadn't shown that there was nothing left to be negotiated.

  • May 22, 2020

    Coronavirus Q&A: Dechert Real Estate Leader

    In this edition of Coronavirus Q&A, one of Dechert's global real estate finance leaders discussed the ways COVID-19 is impacting the commercial mortgage-backed securities market and likened the current pandemic to the unknowns faced by early explorers and cartographers.

  • May 21, 2020

    Fed. Judge Won't Pause Pa.'s COVID-19 Biz Closure Order

    A federal judge denied a bid by business owners and political candidates to temporarily suspend Pennsylvania's COVID-19 shutdown order, saying his court "will not micromanage public policy in the midst of a pandemic."

  • May 21, 2020

    FedEx Can't DQ Lichten Firm In Pa. Drivers' OT Suit

    A Pennsylvania federal judge said Thursday that Lichten & Liss-Riordan PC's work representing FedEx drivers in a separate New Jersey wage class action doesn't pose any conflicts for FedEx drivers in a Keystone State collective action alleging they've been shorted on overtime.

  • May 21, 2020

    Pa. Nursing Homes Mull Suit Over State's 'Flawed' Virus Data

    An advocacy group for nursing homes in Pennsylvania threatened Thursday to take legal action against the state over a "flawed" report recently issued by the health department regarding COVID-19 infections at nursing homes.

  • May 21, 2020

    Pa. Home Security Co. Ducks Fraud Claims At 3rd Circ.

    A home security company knocked out class claims that it unlawfully billed for services that were no longer being provided after the Third Circuit on Thursday said a customer's agreement required him to keep paying after he moved and sold his house.

  • May 21, 2020

    Coronavirus Litigation: The Week In Review

    McDonald's workers say unsafe practices at some of the fast food giant's restaurants could endanger public health, students are suing over technical issues with online Advanced Placement exams, and the Sixth Circuit held this week that COVID-19-related loans can't be withheld from strip clubs and adult novelty stores. Here's a breakdown of some of the coronavirus-related cases from the past week.

  • May 21, 2020

    Gray Urges Justices To Rein In 3rd Circ. On Media Ownership

    Gray Television has urged the U.S. Supreme Court to uphold the FCC's most recent media ownership deregulation and called for the justices to reverse the Third Circuit stance that the agency has not justified relaxing the long-standing limits on broadcast station ownership.

  • May 21, 2020

    Broad Consumer Law Could Cause 'Mischief,' Pa. Justice Says

    A member of Pennsylvania's highest court suggested during oral arguments on Thursday that allowing consumer protection claims to move forward without proof of intent to defraud or deceive could lead to "mischief" on the part of individuals looking to back out of business transactions.

Expert Analysis

  • Opinion

    Credibility Concerns About Virtual Arbitration Are Unfounded

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    Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

  • A Lawyer's Guide To Client Service Continuity Planning

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    Ensuring uninterrupted client service and compliance with ethical obligations in a time when attorneys are more likely to fall ill means taking six basic — yet often ignored — steps to build some redundancy and internal communication into legal practice, say attorneys at Axinn.

  • Lessons On Trade Secret Claims From Possessor, Not Owner

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    The Third Circuit's recent trade secrets decision in Advanced Fluid Systems v. Huber is particularly important for companies in relationships whereby vendors create, use or apply confidential information and trade secrets to develop solutions or manufacture products for other entities pursuant to a contract, say attorneys at Proskauer.

  • Virtual Meetings Could Be Fertile Ground For Legal Discovery

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    Many remote meeting technologies include recording features as default settings, raising three primary concerns from a legal discovery and data retention perspective, and possibly bringing unintended consequences for companies in future litigation, says Courtney Murphy at Clark Hill.

  • How Courts May Interpret COVID-19 Waivers Of Liability

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    As businesses begin to reopen, they may seek to release themselves from negligence claims for COVID-19 infections through contractual waivers of liability, but whether a waiver is enforceable varies significantly by state, says Jessica Kelly at Sherin and Lodgen.

  • Bridgegate Has The Potential To Upend A Raft Of Prosecutions

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    The U.S. Supreme Court's recent "Bridgegate" decision will undoubtedly create further hurdles for the government to prosecute schemes that are venal, deceitful and underhanded but in which the loss of money or property — while foreseeable — was not the objective, say Daniel Fetterman and Brian Choi at Kasowitz.

  • Wis. Executive Power Ruling Has A Downside For Businesses

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    The Wisconsin Supreme Court’s decision last week invalidating the state's stay-at-home order as going beyond the governor's authority could make future executive orders limiting businesses' tort liability during post-pandemic reopening significantly less likely even in other states, says Brian Hauck at Jenner & Block.

  • The Role Of Remote Mediation After The Crisis Is Over

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    When the dark cloud of COVID-19 has passed and resolution centers are once again peopled with warring parties and aspiring peacemakers, remote mediations will likely still be common, but they are not going to be a panacea for all that ails the dispute resolution industry, says Mitch Orpett at Tribler Orpett.

  • How States Are Relaxing Truck Weight Rules During COVID-19

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    Multiple states have adjusted truck weight limits to allow delivery vehicles involved in emergency relief efforts to accommodate more freight during the COVID-19 pandemic, but commercial carriers and vehicle operators must be mindful of differences between states, say attorneys at Cozen O'Connor.

  • A Vertical Challenge May Have Fared Better In Sabre Merger

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    A vertical challenge may have been the U.S. Department of Justice's best chance to block the Sabre-Farelogix merger — subsequently blocked by an adverse United Kingdom ruling — as well as an opportunity to test its new vertical merger draft guidelines, say James Fishkin and Dennis Schmelzer at Dechert.

  • 7 Steps To Romancing The Virtual Classroom

    Excerpt from Lexis Practice Advisor
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    For professors, trainers, lawyers, students and businesses grappling with the unexpected challenges of distance learning, trial attorney and teacher James Wagstaffe offers best practices for real-time online instruction.

  • Pa. Insureds' Path To Pandemic Biz Interruption Coverage

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    Although some insurers argue that COVID-19 losses do not satisfy business interruption coverage's direct physical loss requirement, Pennsylvania's broad interpretation of insurance contracts may allow policyholders to successfully fight for coverage despite potential virus exclusions, say attorneys at Montgomery McCracken.

  • Key Return-To-Work Considerations For Law Firms

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    There may be precious little notice before the legal community ramps up, so it's important to have return-to-work plans that address the unique challenges law firms will face in bringing employees back to offices, say attorneys Daniel Gerber, Barbara O'Connell and Richard Tucker.

  • There Is No Circuit Split Over Doctors' FCA Liability

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    Though some have read the Eleventh Circuit's decision in U.S. v. AseraCare as holding that expert medical opinions and clinical judgments cannot be false under the False Claims Act — in reality the courts are more united on this issue than commentators realize, says Matthew Gill at Porter Wright.

  • A Creative Solution For Teaching Local Practice In Law School

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    To help prepare my students to navigate local practice, I wrote a set of rules for the classroom that mimics those they might encounter from a local judge or court, says Michael Zuckerman at Northwestern Pritzker School of Law.

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